The Deregulation Act 2015: Important update for residential landlords

As of 1 October 2018, the full provisions of the Deregulation Act 2015 came into effect. What does this mean in practice?

1. Changes to the form of Section 21 notices

The new form of Section 21 notice (Form 6A) is to be used to terminate Assured Shorthold Tenancies, regardless of when those tenancies commenced.

2. Notices are no longer required to expire “at the end of a period”

The requirement for a Section 21 notice to expire “at the end of a period” will no longer apply to tenancies commencing before 1 October 2015.

3. Possession proceedings to be issued within 6 months of service

A Section 21 notice will become invalid if possession proceedings are not commenced within 6 months of service on the tenant.

4. Retaliatory eviction provisions

Before 1 October 2018 the Deregulation Act 2015 provided, in respect of tenancies commencing on or after 1 October 2015, that landlords were not permitted to evict tenants using the Section 21 procedure where there was an ongoing complaint by the tenant relating to the condition of the property (particularly relating to the Housing Health and Safety Rating System).

These retaliatory eviction provisions now apply to all tenancies, regardless of their start date.

For further information, please contact Bill Trow on 01603 580039 or by email to [javascript protected email address].